civus
Hearing video

ZBA Hearing - April 6, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 6, 20225h 22m

Recording has begun.

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Thank you.

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Looks like we're pretty good cheer.

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and we do have Sherman available as needed.

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Okay, thank you.

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We're ready to go.

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Good morning.

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My name is Bill Bergman

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and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chair.

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Ismail Shahid, our board secretary.

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Present, Mr. Chair.

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Thomas Holliman, our board member.

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and james snell our board member present mr chairman also with me is our executive director

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director tanya sunkett and our attorney sherman top and we'll be on the line shortly

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before we begin good morning before we begin here's our virtual format be advised the

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proceedings are being recorded. By participating, you acknowledge your agreement to be recorded.

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A video will be available by contacting tonyasunkett at phila.gov. For the benefit of our

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court sonographer, we ask attorneys and witnesses to identify themselves before testifying. Three,

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if you're participating by phone, if you wish to testify, press star nine to raise your hand

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and star six to unmute. To enter an appearance statement, call 267-270-5548. Leave your email

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and the address for the property in question. And lastly, note that the question answer box

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on the screen is not for testimony or comments. Any comments have to go through our Executive

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Director Tanya Sunken. And I'm going to start with our continuances for the day.

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Number 12, MI 2021-004-902-5858 Woodcrest Street. That case is continued. Is there

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anyone who has comments relative to that continuance? Good morning, Mr. Chair. This

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is Jason Hand. I'm a co-host this morning. I do not see any hands, sir. Thank you, Mr. Hand.

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Are there anyone else requesting continuances? Okay, sir. We have Mr. Bart Levy with his hand

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raised. I will allow him to speak at this time. Good morning, Mr. Levy. Good morning.

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What case, Mr. Hold on, Mr. Levy. Let me swear you. Mr. Chair, Tom is now on. Okay. Thank you.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do, Mr. Chairman.

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Could you state your name for the court reporter and spell it, please?

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I'm Bart Levy, B-A-R-T-L-E-V-Y.

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I'm an attorney for case 4902.

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I merely wanted to register my attendance today.

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I thought it was proper to attend even when we...

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I'm sorry.

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Could we pause so he can swear you in?

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I did.

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Okay, thank you, Chair.

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Mr. Levy, is that the 5858 Woodcrest?

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Yes, sir.

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Okay, good.

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Thank you, sir.

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We have it.

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Thank you.

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If I may, I seek permission to leave.

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Thank you, Mr. Levy. You can.

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Thank you, Mr. Levy.

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You can.

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Thank you.

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Thank you.

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Are there any other requests for continuances?

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Are there any other requests?

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Sir, I have Mr. Richard DeMarco with his hand raised. I will allow him to speak at this time.

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Good morning, Mr. Chair and members of the board. Can you hear me?

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I can. Could you state your name and spell for the court reporter, Mr. DeMarco?

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Yes. Good morning, everyone. Richard DeMarco, spelled D-E-M-A-R-C-O.

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do you swear for him to tell the truth the whole truth and nothing but the truth

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yes i do what case sir 1925 north 19th street uh we are ready uh we have support from the rco

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but i have a an emergency uh where i have to attend a 10 a.m courts conference i'm asking

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to be moved to the end of the list and i will be back uh and my client is also aware

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uh that's all right i'm asking the board's indulgence uh to be moved that that's fine

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with me we'll make that the last case this morning i appreciate it the client is aware

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thank you so much okay anyone else requesting a continuance

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the chair i have mr jack hubert hand raised he has been allowed to speak

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good morning mr chairman i'm jack i get miss good could you please spell your name for the

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court report and spell it jack hubbard h-u-b-b-e-r-t i'm the attorney for the applicant

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of 1802 harland street and we are requesting a continuance today to further deal with the

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questions raised by the uh let me just swear you real quick you swear for him to tell the truth

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the whole truth and nothing but the truth? Yes, I do. Okay. And you're working with the RCO you're

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saying? Yes. Okay. Case continued. Thank you. Permission to leave. Thank you. Please. Anyone

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else have a case to be continued? Mr. Sloan, folks, has his hand raised. I would allow him to speak,

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sir. Excuse me. Mr. Folks, state your name and spell for the court reporter. Good morning,

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chairman bergman and zba board my name is sloan folks s-l-o-a-n-e f-s and fire well k-s from the

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office of councilwoman maria canina sanchez 7th district 508 city hall do you swear for him to

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tell the truth the whole truth and nothing but the truth yes i do sir what case do you want to

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talk about? Case number MI-2021-00446215-64 Westbrook Street. So Mr. Folks, I think there's

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an attorney involved in that. Are you going to request to continue? Yes, there is. Mr. Adam

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Lever. Yes. Why don't I bring Mr. Adam Lever along? Is that okay? Yes, sir.

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Good morning, Chairman Birdman, members of the board, Mr. Folks, Adam Lever of Blank Room.

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Could you spell your name for the court reporter, please, Mr. Leaver?

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Yes, Chairman Bergman, Adam Leaver, L.A.B. as in Victor, E.R., Blank Rome, 1 Logan Square, Philadelphia, PA, 19103, on behalf of the applicant.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, Mr. Chairman, I do.

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Mr. Folks, why don't you start?

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Yes, sir. Our office, understanding that the applicant has met with the RCO and has garnered a letter of support based on a community benefits agreement between the applicant and RCO, the Councilwoman would like to request continuance to further discuss the variance request and the community benefits agreement.

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The Councilwoman has some questions with the cash payment to the RCO or the CBA in lieu of

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affordable housing units that she has been the cornerstone of her agenda in the North

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Square community as well as the 7th District. Mr. Chair, which case are we talking about?

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Number two, number two. Number two, cash payments? 150 to 64 Westbergs. I got it.

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so so sloan you're saying there was cash payments to the no no sir the cba right there was a cba

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benefits agreement right and in the cba there is an arrangement where um the developer would

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pay into a fund yeah that would that would uh assist uh assist uh community uh residents uh

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in the in in the skcp catchment area sure so that that's that's you know that's that's so i'm sorry

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if cash payment sounded no no that's fine that's fine okay thanks for clarifying

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mr labor okay thank you mr chairman and members of the board um this has been a robust unusually

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robust community engagement uh process uh there have been eight months of discussions with the community

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eight months of discussions with the community five uh five formal meetings with the community

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with the coordinating rco which was selected pursuant to the zoning code by the council

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member's office my records also reveal that uh we reached out as a courtesy to mr folks

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on behalf of the council member just shy of two years ago.

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My records show April 7th of 2020 was the first outreach that I had.

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We very much respect council member Quinonez Sanchez and all of her staff

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and are committed to ongoing discussions with the council member.

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However, there is no requirement under the zoning code by which this case is being reviewed concerning the issue that Mr. Fulks has raised.

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So very respectfully, we ask that we proceed with this case, which has been supported appropriately by the coordinating RCO and other members of the community,

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and allow me to put on the record that I and the developer are committed to offline continued

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discussions with the council member. Oh, one additional fact, Mr. Chairman, this case was

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already continued once, and it went through the civic design review process in which the council

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member's office sat on that review through Mr. Fulks, her representative, and the coordinating

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RCO, of course, had a voice in that. Mr. Fulks, do you have anything you want to add to that?

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Everything Mr. Laver said was accurate. Actually, when I checked my records,

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he did reach out to us during COVID. I specifically remember having that discussion

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in my automobile uh back in 2020 so all of those things are accurate um the the point

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the salient point is still uh that the council member um does have uh the concern at this moment

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um clearly uh the uh the developer and and and the tear team has done their due diligence regarding

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the project um but uh unfortunately um we didn't really review the cba or the councilman did have

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opportunity but that's not true councilman didn't see the cba until a day ago um and again she has

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some concerns if the uh and if the um the the board is so inclined to hear uh this case today

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we'd ask for a uh a a a hold for a while the councilman still would like to have for the zoom

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meeting between the um rc with the rco and the uh the and mr laver's uh uh uh team uh to further

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discuss this okay all right so we're going to go on with the case and then we're going to have

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vote at a different time so you can you can have your meeting wherever you want okay thank you mr

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chairman sloan did you hear that so you'll be available for that i heard your number two on

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the list. Thank you, sir. That makes sense. Okay, thank you. Anyone else have a continuance?

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Sir, Mr. Vern Anastasio has his hand raised. I will have allowed him to speak at this time, sir.

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Good morning, Mr. Chair. Good morning. Could you state your name and spell it for the court

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reporter? Yes, sir. It's Vern Anastasio, A-N-A-S-T-A-S-I-O. Do you swear or affirm to tell

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the truth the whole truth and nothing but the truth i do proceed what case thank you i was uh

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i'm just uh raising my hand not for continuance but for uh two withdrawals and i wasn't quite sure

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if you were folding withdrawals in what what what's what cases it's a 70 106 caster avenue

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and 407 south 20th

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20th street is already tagged in the system as withdrawn but i'm not sure 7106 caster is so i

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wanted to bring it to your attention

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number seven one is caster number seven is caster avenue yes sir

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and that's 9 30 7106 9 30 number 7 is is 20th street i got that i got what's the other one

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of 7106 castor avenue it was scheduled for this morning

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oh mr chairman it's number 13 okay

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Thank you, Vern. Appreciate it. Withdrawing.

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Thank you, Vern. Appreciate it. Withdrawing. Thank you.

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Thank you. Have a good day.

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Thank you.

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Anyone else?

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I'm sorry, Chair. Would it be possible to state them individually into the record? Thank you.

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I will.

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So, 4-0, here it is here, MI 2021-004-968-407 South 20th Street.

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and MI 2021-002848-7106, Caster Avenue.

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Both cases are withdrawn.

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Okay, any other cases?

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Okay, I'm going to go.

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Sir, I have a hand raised with a number that ends in 3552 with the hand is up.

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I guess I'll speak out loud to speak at this time.

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Please unmute and wait to be sworn in, sir, madam.

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Could you state your name and spell it for the court reporter?

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Yes, my name is Adrienne Fernandez, A-D-R-I-E-N-N-E-F-E-R-N-A-N-D-E-Z.

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Wait one minute. Do you swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Proceed.

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I have a question about the withdrawal listed on the ZBA calendar for 502 West Clapier Street, 19140.

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You're withdrawing that, ma'am?

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No.

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She's asking for a confirmation if it was withdrawn.

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I guess you weren't on.

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I was on it before you started, but no one mentioned that address.

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Oh, Mr. Chairman, it's number 11.

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I know, I know, but that's, I haven't withdrawn that.

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That case is not withdrawn.

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It's on the calendar.

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Okay.

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It's now withdrawn?

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No, no.

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No, it's on the calendar to be heard.

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It's on the calendar.

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Hi.

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I'm sorry, Chair.

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Mr. Consul is the attorney for that and has his hand raised.

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If we need clarification, please allow him to be sworn in, Steph.

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Sure.

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Good morning, Joe Consul.

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Could you state your name and spell for the court reporter, please?

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Yeah, Joseph Consul, C-O-N-S-O-L-E.

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Right.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do. Is that case ready to go, Mr. Counsel?

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I have two cases today. Clapier Street has been withdrawn.

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Okay.

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Okay, hold on a minute.

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MI 2021-004-904-502

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West Clapier Street, withdrawn.

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Thank you, Mr. Counsel.

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Any other continuances?

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Sir, I have Mr. John Taylor with his hand raised.

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I have allowed him to speak at this time.

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Good morning, John Taylor. T-A-Y-L-O-R. Prepared to be sworn in.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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What case, sir?

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